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11-13-1978CITY OF RICHFIELD - Regular Meeting November 13, 1978 The Council of the City of Richfield met in regular session in the Council Chambers of the City Hall on Monday, November 13, 1978, at 7:00 p.m. Father Joseph Kivel, of St. Peter's Catholic Church, gave the invocation. The meeting was called to order by Mayor Loren L. Law. Present: Anderson, Jacobsen, Ludeman, Luettinger, Law 1. Minutes motion by Jacobsen, seconded by Ludeman that the minutes of the October 23, 1978, council meeting be approved as submitted. A11 ayes - Carried. 2. Presentation by Metro Clean Air Committee Ms. Marge~Christianson, of the Metro Clean Air Committee, presented a review of the activities being planned to implement the 1977 Clean Air Act Amendments. 3. Request for Vacation of Part of Lyndale Avenue Right-of-Way, 6237 Lyndale Avenue Richard Krier, Planning and Redevelopment Director, presented the staff report relating to the request of Mr. Bradley Pieper, owner of Bradley Exterminating Company, to have the city vacate a 17 foot portion of Lyndale Avenue right-of- way in front of his business, as outlined in Council Letter No. 328. He summarized the staff and planning commission recommendation for denial and explained the possibility of a lease arrangement between the city and the applicant to allow use of the right-of-way until such time as it is needed .for public purposes. Motion by Luettinger, seconded by Jacobsen to close the hearing. A11 ayes - Carried. Motion by Anderson, seconded by Jacobsen that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: Council Meeting Minutes - 2- RESOLUTION N0. 5992 RESOLUTION DENYING STREET VACATION PETITION November 13, 1978 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5992 in Resolution Book No. 42. Motion by Anderson, seconded by Jacobsen to authorize the staff to issue a permit to Bradley Exterminating Company for the use of this right-of-way for off-street parking until such time as the city may have a need for this property. A11 ayes - Carried. 4. Request for Special Use Permit, Clark Submarine, 6545 Penn Avenue Richard Krier, Planning and Redevelopment Director, reviewed the staff report concerning the application of Cardco Investment Company for a special use permit to convert an existing gasoline station at 6545 Penn Avenue into a Clark's Sub- marine Sanxiwich Restaurant, as outlined in Council Letter No. 324. He advised that the staff had recommended approval of the issuance of a special use permit subject to further discussions in an effort to resolve street right-of-way requirements on this property. The planning commission had recommended the special use permit be issued with the stipulation that staff be satisfied that the size and location of the sign does not.result in any visibility problems on the corner. Clark Armsted, owner of Submarine. Sandwiches, Bruce Knutson, architect and site planner, and Richard Malone, attorney for Clark Submarine Sandwiches, were present and answered questions from the council. Al Tisdel, 5405 Oaklawn, Edina, owner of this property, spoke in opposition to providing land for a right-of-way, however, he agreed to discuss this matter with city staff. ~~I IL ~ ~J Motion by Ludeman, seconded by Luettinger to continue consideration of this Council Meeting Minutes -3- November 13, 1978 item to the next council meeting to permit additional discussion on the right- of-way issue. All ayes - Carried. 5. Request for Special Use Permit, Amoco Station, 7720 Nicollet Richard Krier, Planning and Redevelopment Director, presented the staff report concerning the request of Mr. William Wilhelm, 3724 Huntington Drive, Minnetonka, to remodel an existing Amoco gas service station at 7720 Nicollet, as outlined in Council Letter No. 325. The existing station has been closed due to a fire and the applicant is proposing to remodel the interior to provide space for the sale of various foods. Mr. Brier advised that both the staff and planning commission had recommended approval of this special use permit. Carl Kristufek, Amoco Oil Company, and Mr. Wilhelm, station operator,. were present in support of this request. Motion by Jacobsen, seconded by Luettinger to close the hearing. All ayes - Carried. Motion by Luettinger, seconded by Jacobsen to grant this special use permit with the stipulation that sidewalk be installed along Nicollet Avenue and the frontage road to provide safer pedestrian movement. All ayes - Carried. 6.__ Request for 9:00 A.M. to 5;00 P.M. Weekday.Parking Restrictions in 6600 Block of Grand Avenue Wayne Burggraaff, City Manager, presented a petition from half of the residents in the 6600 block of Grand Avenue requesting parking restrictions on both sides of this block. (C-9851) A. L. Grabar, 6635 Grand, spoke in favor of no parking 9: a.m. to 9: p.m. Steve Weiner, 6601 Grand, spoke against no parking in front of his commercially Council Meeting Minutes -4- November 13, 1978 zoned property and suggested that no parking be established in front of the res- idential lots only. Motion by Anderson, seconded by Luettinger to defer this item to the first council meeting in December to allow time for the traffic committee to consider this request. All ayes - Carried. 7. Resolution Concerning Special Use Permit and Variance, Arby's Restaurant, 6529 Penn Avenue Wayne Burggraaff, City Manager, reviewed the Arby's Restaurant, 6529 Penn Avenue request for a special use permit and variance for which the hearing had been closed, but the item continued from the October 10, 1978, city council meeting, to permit the city attorney to draft a resolution incorporating the findings discussed at the hearing. Clayton LeFevere, City Attorney, reviewed the resolution on findings of the council during the hearing. Motion by Jacobsen, seconded by Luettinger that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0.~5994 RESOLUTION DENYING REQUEST FOR SPECIAL USE PERMIT AND VARIANCE OF THE FRONT YARD SETBACK AT 6529 PENN AVENUE (ABBY'S RESTAURANT) Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5994 in Resolution Book. No. 42. 8. Off-Street Parking Contract, Burger King, 2800 West 66th Street Richard Krier, Planning and Redevelopment Director, recommended approval of Council Meeting Minutes -5- November 13, 1978 ~ the off-street parking contract, subject to the conditions of the special use permit and variance previously approved by the city council, as outlined in Council Letter No. 37.5. He said the staff has determined that the proposed contract complies with all ordinance provisions. Motion by Jacobsen, seconded by Ludeman that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 5993 RESOLUTION APPROVING LAYOUT AND CONTRACT FOR OFF-STREET PARKING IN ACCORDANCE WITH APPLICATION NO. 78-14, CONTRACT N0. 2279 Burger King, Inc. 8120 Penn Avenue, Bloomington Location: 2800 West 66th Street Use: Restaurant Revisions Po11 of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5993 in Resolution Book No. 42. 9. Release of Off-Street Parking Bond, 1800 East 66th Street Wayne Burggraaff, City Manager, recommended the city council authorize release of the performance bond for the off-street parking contract for 1800 East 66th Street, as outlined in Council Letter No. 319. He reported the owner had complied with the terms of the off-street parking agreement. Motion by Anderson, seconded by Ludeman that the following resolution be adopted; that it be spread in the resolution book and that it be~made a part of these minutes: RESOLUTION N0. 5995 RESOLUTION RELATING TO RELEASE OF BOND ON OFF-STREET PARKING Mrs. Merle Meyer 6636 Second Avenue South Location: 1800 East 66th Street Use: Off-Site Vehicle Appraisal Service Clerk's File C-9816 Council Meeting Minutes -6- November 13, 1978 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5995 in Resolution Book No. 42. 10. Ordinance-Amendment Relating to Retirement Age, Second Reading. Clayton LeFevere, City Attorney, read and reviewed Bi11 1978-23, "An Ordinance Amending Chapter II, Part III, Section 2.37 of the Richfield Ordinance Code", relating to employee terminations, the same being on file in the office of the city clerk. (C-9848) Motion by Ludeman to amend. the second reading of this ordinance by deleting Subd. 3, Para. 4 and renumbering Subd. 3, Para. 5 to Subd. 3, Para. 1, and Subd. 3, Para. 6 to Subd. 3, Para. 2. Motion died for lack of a second. Motion by Luettinger, seconded by Jacobsen that this constitute a second reading of Bill 1978-23; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Anderson, Jacobsen, Luettinger, Law. Nays - Ludeman. Carried. 11. Ordinance Amendment Relating to Transfer of Funds, Second Reading. Bill 1978-22, Transitory Ordinance 16.53, "An Ordinance Providing for the Expenditure of Money from the Special Revenue Fund for Certain Capital Improvements", was read and reviewed by Clayton LeFevere, City Attorney, the same being on.file in the office of the city clerk. (C-9849) Motion by Jacobsen, seconded by Anderson that this constitute a second reading of Bill 1978-22; that it be published in the official newspaper and that it be made a part of these minutes. Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. 12. Status Report on Golf Course Project Carlton Lytle, chairman of the Golf Course Advisory committee, presented a Council Meeting Minutes -7- November 13, 1978 brief report on the committee's work. Don Fondrick, Park and Recreation Director, also reviewed plane and specifications. The following ar®a residents wer® pr®s®nt and express®d th®ir cone®rns r®garding proposed changes in street alignment as it relates to expansion of a neighborhood park; Hans Lervik, 6814 21st Avenue Robert Sweedland, 6824 21st Avenue David Roth, 6838 19th Avenue Mrs. Shirley Meemken, 6804 21st Avenue Alfred Gullickson, 6820 21st Avenue The council thanked Mr. Lytle and Mr. Fondrick for the report. 13. 1979 Agreement with Metropolitan Waste Commission for Interceptor Maintenance Wayne Burggraaff, City Manager, recommended the city council authorize renewal of an agreement with the Metropolitan Waste Control Commission to reimburse the city for maintenance costs on interceptor sewers owned by the commission, as outlined in Council Letter No. 327. Motion by Anderson, seconded by Jacobsen to authorize the mayor and the city manager to execute this agreement on behalf of the city. A11 ayes - Carried. 14 Utility Easement Provisions for North Liquor Store Development Wayne Burggraaff, City Manager, recommended approval of a ten foot gas utility easement, to serve the Robert Jahn and Woodlake Veterinary Hospital development, as outlined in Council Letter No. 330. Motion by Jacobsen, seconded by Anderson to authorize approval of this easement agreement for the purpose of providing gas service to the new building. All ayes - Carried. 15. Authorization to Call for Bids for Water Treatment Chemicals Wayne Burggraaff, City Manager, recommended the council authorize the call for bids for water treatment chemicals, as outlined in Council Letter No. 326. Council Meeting Minutes -8- November 13, 1978 Motion by Anderson, secoaded by Luettinger t~ authorize the call for bids for these water treatment chemicals. All ay~~ s Carried. 16. Purchases in Excess o£ $1,000 Wayne Burggraaff, City Manager, recommended the council authorize the two following purchases in excess of $1,000, as outlined in Council Letter No. 314: Replacement of water track bearings for the water plant in the amount of $4,900; and postage required to mail the Winter Newsletter and Park and Recreation Brochure in the amount of $1,357.02. Motion by Ludeman, seconded by Anderson to authorize these purchases in excess of $1,000. All ayes - Carried. 17. Renewal of 1979 Kennel Contract Wayne Burggraaff, City Manager, recommended approval of an amendment to the contract with Oak Crest Kennels to handle animals impounded by the city to increase boarding rates for 1979 by 25fi per day. Motion by Jacobsen, seconded by Ludeman to authorize the amendment. All ayes - Carried. 18. Canvass of November 7, 1978 General Election Wayne Burggraaff, City Manager, recommended adoption of the resolution certifying the November 7, 1978 city election results. Motion by Ludeman, seconded by Luettinger that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 5997 RESOLUTION DETERMINING RESULTS OF CITY GENERAL AND SPECIAL ELECTION OF THE CITY OF RICHFIELD HELD ON TUESDAY, NOVEMBER 8, 1978 n ~L Council Meeting Minutes -9- November 13, 1978 Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5997 in Resolution Book No. 42. 19. Request for Refund of Sauna License Fee Wayne Burggraaff, City Manager, advised the council that Ms. Kyong Cha Roberts has requested a refund of the sauna business license fee paid to the city inasmuch as the purchase contract for her acquisition of the sauna business has been ter- urinated, as outlined in Council Letter No. 316. Motion by Anderson, seconded by Ludeman to authorize the refund of the $1,500 sauna business license fee to Ms. Roberts. A11 ayes - Carried. 20. Setting Date of Hearing, Community Development Program Year V Wayne Burggraaff, City Manager, recommended the council set a date of public hearing on the Community Development Block Grant Program, Year V. Motion by Luettinger, seconded by Jacobsen to set November 27, 1978, as the date of hearing. All ayes - Carried. 21. Vacancy Moratorium Wayne Burggraaff, City Manager, recommended the moratorium on hiring be.lifted to permit the filling of two position vacancies; that of Assistant Liquor, Store Manager, and Engineering Technician II (Operations Analyst). Motion by Jacobsen, seconded by Anderson to authorize the filling of these two position vacancies. All ayes - Carried. 22. Report on Proposed 1979 CETA Program Wayne Burggraaff, City Manager, informed the council that the Hennepin County CETA office has announced a 50% reduction in federal CETA funds effective No- vember 17, 1978. He presented a plan for implementing the CETA program as Council Meeting Minutes -10- November 13, 1978 outlined in Council Letter No. 335. The city manager recommended the council approve the proposed changes. Motion by Anderson, seconded by Luettinger to approve the revised CETA program for 1979 as outlined by the city manager. All ayes - Carried. 23. Payments and Estimates Mayor Law read a letter from the firm of Slurry Kote Service in reference to the council's deferral of payment for this work at the October 23, 1978, council meeting. Mr. W. F. Sharpe, president of Slurry Kote Service, was present. Motion by Anderson, seconded by Jacobsen that the following payments and estimates be approved: A. Contract No. 2270, Slurry Kote Service, Inc. - 12th Avenue street resurfacing, 100% complete - $6,206.87 B. Estimate ~~1, C.P. 705, L/H/N Public Improvements, Kamish & Sons, demolition 100% complete - $8,380.00 (Nelson Restaurant) All ayes - Carried. 24. Licenses Motion by Anderson, seconded by Jacobsen that the following licenses be approved: Regular New Gary Johnke, 3020 W. 66th Street New Mr. Steak, 1420 E. 78th Street Taxicab Drivers New Gary Shepard, 3635 Cedar New Gary Koktavy, 4744 Chowen New Eric Sisler, 13905 Frontage Lane New Lawrence Pellman, 6304 Colfax New Ardent Frey, 2622 Monroe Street N.E. New Reginald Lee, 5705 Pleasant New Michael Erickson, 6920 Meadowbrook New Stephen Byers, 12600 Parkwood New Thomas Peterson, 3000 Cliff Road New Paul Russell, 6615 Horshoe Curve New Kenneth Martiniq, 8537 1st Avenue Christmas tree lot Cigarette LJ L.. Council Meeting Minutes -11- Taxicab Drivers (Continued) Renewal Raymond Pellonteau, 3025 Emerson New Kevin Homan, 2433 11th Avenue New Kenneth Anderson, 5550 175th Street New Peter Halters, 2713 W. 54th Street New Stephen Polsfuss, 3225 Dupont Renewal John Frederick, 6926 Chicago New Thomas Petersen, 1430 Sprcue Place New John Lundberg, 3107 Xylon New Vicki Connolly, 6400 Cedar New Vernon Floyd, 6736 Washburn New John Blu, RR 1, Webster A11 ayes - Carried. Walser Buick Temporary Sign Application November 13, 1978 The council considered the application of Walser Buick for a temporary sign permit. Mr. Dale Graham, 10034 Drew Circle, Bloomington, representing Walser Buick, 1 was present and spoke in support of his request to insta11.46 banner type signs. Motion by Jacobsen, seconded by Ludeman to refer this sign application to the planning coaunission for evaluation in regard to proposed sign ordinance changes. All ayes - Carried. 25. Claims and Payrolls Motion by Ludeman, seconded by Jacobsen that the following claims and payrolls be approved: SUMMIT STATE BANK Checks 43772/44367 $574,220.63 RICHFIELD BANK & TRUST Checks 37044/37968 General $311,483.34 Checks 44340/44726 Payroll $142,433.31 All ayes - Carried. Council Meeting Minutes -12- November 13, 1978 26. Discussion Items Not on Agenda Wayne Burggraaff, City Manager, reported on a special Southwest Suburban CATV Study Commission meeting to be held on Wednesday, November 15. The city manager reported that in spite of the city's request to leave the signal in place, that he had been advised by Hennepin County that the county would be removing the old Wood Lake School pedestrian traffic signal on 66th Street Councilman Luettinger conveyed since the justification for the sign no longer existed. information from MASAC regarding the use of the preferential renway program. The city manager also reported that the county had denied the city's request for Crosstown guard rail construction in the area of 12th - 13th Avenues. The council felt the county was unaware of several of the serious accidents that have occurred, particularly one where a truck went through the fence, across the service road and damaged a residential home. It was felt that the council should restate this request .to the Hennepin County Commissioners. Motion by Jacobsen, seconded by Luettinger that the following resolution be adopted; that it be spread in the resolution book and that it be made a part of these minutes: RESOLUTION N0. 5998 RESOLUTION REQUESTING INSTALLATION OF A GUARD RAIL ON THE SOUTH ShDE OF THE CROSSTOWN HIGHWAY IN THE 'VICINITY OF 11TH, 12TH, AND 13TH AVENUES IN RICHFIELD Poll of votes: Ayes - Anderson, Jacobsen, Ludeman, Luettinger, Law. Nays - None. Carried. This resolution appears as Resolution No. 5998 in Resolution Book No. 42. 27. Adjournment Motion by Anderson, seconded by Jacobsen that the meeting~djourn. All ayes - Carried. Time: 11:35 p.m. Date Approved: November 27, 1978 L en L. Law yor v,~~~7~4.D,Q ~ K~ Thomas J. oran City Clerk Wayne S. Burggraa Cit